Noncustodial parent
A noncustodial parent is a parent who does not have physical custody of his or her minor child as the result of a court order. When the child lives with only one parent, in a sole custody arrangement, then the parent with which the child lives is the custodial parent while the other parent is the non-custodial parent. The non-custodial parent may have contact or visitation rights. In a shared parenting arrangement, where the child lives an equal or approximately equal amount of time with the mother and father, both are custodial parents and neither is a non-custodial parent.
A "child-custody determination" is a judgment, decree, or other order of a court providing for the
Child custody and visitation
There are two kinds of
Where the child will live with both parents,
United States
Family Educational Rights and Privacy Act (FERPA)
Within the United States, family law differs from state to state, and noncustodial parents are a diverse population, with many factors affecting custody arrangements, from which parent is awarded custody to negotiating visitation schedules. A noncustodial may have difficulty in accessing medical records, educational status and other information regarding their child, but there is some federal legislation which supports the rights of a noncustodial parent who retains legal custody of their child.
Student education records are official and confidential documents protected within the United States by strong privacy protection laws, most notably the Family Educational Rights and Privacy Act (FERPA).[3] FERPA, also known as the Buckley Amendment, defines education records as all records that schools or education agencies maintain about students. FERPA gives parents the right to review and confirm the accuracy of education records and applies to public schools and state or local education agencies that receive Federal education funds, both paper and computerized records. In addition to the Federal laws that restrict disclosure of information from student records, most states also have privacy protection laws that reinforce FERPA. State laws can supplement FERPA, but compliance with FERPA is necessary if schools are to continue to be eligible to receive Federal education funds.
FERPA gives both parents, custodial and noncustodial, equal access to student information unless the school has evidence of a court order or state law revoking these rights. When students reach the age of 18, or when they become students at postsecondary education institutions, they become "eligible students" and rights under FERPA transfer to them. However, parents retain access to student records of children who are their dependents for tax purposes.
In the case of divorce or separation, a school district must provide access to both natural parents, custodial and non-custodial, unless there is a legally binding document that specifically removes that parent's FERPA rights. Custody or other residential arrangements for a child do not, by themselves, affect the FERPA rights of the child's parents. One can best understand the FERPA position on parents' rights by separating the concept of custody from the concept of rights that FERPA gives parents. Custody, as a legal concept, establishes where a child will live, and often, the duties of the person(s) with whom the child lives. The FERPA, on the other hand, simply establishes the parents' right of access to and control of education record related to the child.
Generally, a school is not required to provide parents copies of records. However, if the distance is great enough to make it impractical for the parent to visit the school to review the record, the school must make copies of the record and send them to the parent when that parent requests access to the record.[4]
Further reading
- Gustafson, Diana L. Unbecoming Mothers: The Social Production of Maternal Absence. Routledge Press, 2005.
- Pagano, Annette. Journeys of Women Without Custody From Ambivalence to a Renewed Sense of Self
- Hart, Sarah A Mother Apart: How to let go of guilt & find happiness living apart from your child.
- Weyant, Nicole. Striving for Peace: Managing Conflict in Non-Custodial Homes
See also
USA specific:
- Elk Grove Unified School District v. Newdow
- Fathers' rights movement in the USA
- Bradley Amendment
- Child custody laws in the United States
- Uniform Child Custody Jurisdiction And Enforcement Act
References
- ^ See, e.g., "Uniform Child-Custody Jurisdiction and Enforcement Act (1997), Article 1, Section 102(3)" (PDF). Uniform Law Commission. Retrieved 20 December 2017.
- ^ "Minnesota Presumptive Joint Physical Custody Group Report under House File 1262 (2008) Appendix B "State Definitions of Joint Physical Custody"". Family Law Web Guide. State of Minnesota. Retrieved 20 December 2017.
- ^ "Protecting the Privacy of Student Education Records". National Center for Education Statistics. U.S. Department of Education. March 1997. Retrieved 20 December 2017.
- ^ "Exhibit 5-1: Rights of Non-Custodial Parentsin the Family Educational Rights and Privacy Actof 1974". National Center for Education Statistics. U.S. Department of Education. Retrieved 20 December 2017.
External links
- Protecting the Privacy of Student Education Records from the National Center for Education Statistics
- FERPA: Rights of Non-Custodial Parents in the Family Educational Rights and Privacy Act of 1974
- National Responsible Fatherhood Clearinghouse from the U.S. Dept of Health & Human Services
- College: Divorce and Financial Aid
- Moms Over Miles